CLA-2-85:OT:RR:NC:N1:112
Katie Ann Veenhuis
Import Compliance Administrator
Kollmorgen Corporation
501 West Main Street
Radford, VA 24141
RE: The tariff classification of frameless motors from an undisclosed country of origin.
Dear Ms. Veenhuis:
In your letter dated July 8, 2013, you requested a tariff classification ruling.
The items in question are referred to as Kollmorgen Frameless Motors (RBE Series). These devices consist of two basic components: an armature stator and a field assembly rotor, minus the shaft. Frameless motors are designed to become brushless motors for direct drive applications when integrated into a system containing specified guaranteed outputs. They are operational when integrated into a higher-level assembly that provides a shaft, bearings, and a housing; they cannot produce torque as a stand-alone product. The RBE series of stators and rotors are incorporated into motors with an output greater than 18.65 watts. There are ten frame sizes.
Kollmorgen brushless motors can be supplied either frameless or housed. The classical housed motor configuration includes a shaft, bearings, and endbells (the cap at the end of the motor that houses the rotor bearing) along with any feedback devices, into an integral assembly. The Frameless motor does not include shaft, bearings, or endbells but may include feedback devices. Frameless motors are used in applications where the customer desires to minimize the size and weight of the motor and/or obtain the maximum dynamic performance. Since the load is often supported on its own bearing structure, the Frameless motor can be integrated directly onto the system/load shaft and be suspended on the same bearings as the load. This eliminates the need for an additional shaft, bearings, endbells, and any coupling between the motor shaft and the load. An advantage of Frameless motors is that, since there is no coupling between the shaft and the load, torsional play between the motor and load is minimized resulting in improved dynamic performance.
You suggested heading 8501, HTSUS, for electric motors and generators, DC brushless motors, of an output ranging from 18.65 watts to 3690 watts. You also suggest GRI 2 (a) as a basis for classifying this device as a complete motor. GRI 2(a) states, “Any reference in a heading to an article shall be taken to include a reference to that article incomplete or unfinished, provided that, as entered, the incomplete or unfinished article has the essential character of the complete or finished article. It shall also include a reference to that article complete or finished (or falling to be classified as complete or finished by virtue of this rule), entered unassembled or disassembled.” This office agrees that the rotor and the stator give the Frameless motor the essential character of a complete motor.
The applicable subheading for the Kollmorgen Frameless Motors (RBE Series) of an output exceeding 18.65 watts but not exceeding 37.5 watts will be 8501.10.6040, Harmonized Tariff Schedule of the United States (HTSUS), which provides for "other electric motors, of an output of 18.65 watts or more but not exceeding 37.5 watts: DC: Brushless. The rate of duty will be 2.8 percent ad valorem.
The applicable subheading for the Kollmorgen Frameless Motors (RBE Series) of an output exceeding 37.5 watts but not exceeding 74.6 watts will be 8501.31.2000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for "Electric motors…: Other DC motors; DC generators: Of an output not exceeding 750 W: Motors: Exceeding 37.5 W but not exceeding 74.6 W”. The rate of duty will be 2.8%.
The applicable subheading for the Kollmorgen Frameless Motors (RBE Series) of an output exceeding 74.6 watts but not exceeding 735 watts will be 8501.31.4000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for "Electric motors…: Other DC motors…: Of an output not exceeding 750W: Motors: Exceeding 74.6 W but not exceeding 735 W." The rate of duty will be 4%.
The applicable subheading for the Kollmorgen Frameless Motors (RBE Series) of an output exceeding 735 watts but not exceeding 750 watts will be 8501.31.5000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for "Electric motors, other DC motors, of an output not exceeding 750 W, motors, exceeding 735 W but under 746 W.” The rate of duty will be 3.3 percent ad valorem.
The applicable subheading for the Kollmorgen Frameless Motors (RBE Series) of an output exceeding 750 watts will be 8501.32.2000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for "Electric motors…: Other DC motors…: Of an output exceeding 750 W but not exceeding 75 kW: Motors: Exceeding 750 W but not exceeding 14.92 kW". The rate of duty will be 2.9%.
Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.
This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).
A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Josephine Heaning at (646) 733-3015.
Sincerely,
Thomas J. Russo
Director
National Commodity Specialist Division